Legal Question in Civil Litigation in Florida
eviction claim
If our tenants are on a month to month agreement and we gave them a 3 day and a 15 day notice, should I include both notices in my eviction claim for non payment? They didn't pay their rent but we decided not to keep the lease going because they are so unreliable.
2 Answers from Attorneys
Re: eviction claim
You can include both.
Re: eviction claim
Though it's legal to include both, I wouldn't. Judges can be very kind to tenants, and I can see a judge saying that giving two notices is ambiguous, therefore the tenant is allowed to stay the 15 days, not the three days, and ruling that your eviction is invalid.
I would probably try to the eviction first and, if the tenant comes up with the rent, then do the 15-day notice. It's not legal advice on my part, just strategy.
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